Macon beacon. [volume] (Macon, Miss.) 1859-1995, 1887-09-24
FIDELITY DIRECTORS
Sued Individually 10 Recover More
Than Five Million Dollars.
Completely of Harper and Hopkins In the
Wheat Deal Charged

CINCINNATI, Sept. B.-District Attorney !
Burnett and special Government Att0r-
ney Z. W. KittreiEc have prepared |
their suit on behalf Of Receiver Arm |
strong, of the Fidelity, against Briggs |
Swift, Edward l.. Harper, VIM y. Chat
field, Henry Poguc, Albert P. Gahr, James |
II. Mathews, Eugene Zimmerman, Ammi |
Baldwin and Benz. f. Hopkins, directors,
and Briggs Swift, president; Edward L.
Harper, vice president; Ammi Baldwin,
cashier; and BENZ. L. Hopkins, assistant
cashier, Of that defunct institution, asking
that the Circuit Court Of the United
States 'r'ill cause al account
to be taken OF the loss and
damage TO the said banking associations,
is shareholders and creditors, sustained
oy reason of the unlawful acts, miscon-
duct and negligence OF the said respond
ents, and each Of them, as hcrcinbeforc
sat forth, and that a judgment and decree
Of this court may be rendered against the
said respondents, and each Of 'hcm, in his
personal and individual capacity, for such
| loss and damage as aforesaid, as the
same may be founded by this COURT The
| suit is based upon the loaning, knowing
/ ", by the officers Of the bank to divers
| parties, sums in excess Of one tenth part
CT the capital stock OF said bank, namely,
| 10 j. W. Wiltshire & Co., Il, 446, 0S3 As; to f.
l.. Harper & Co, $394 1871; to Swift's Iron
and Steel Works, $2j?, l2g.5l; to Whitley,
Fassler 4 Kelly, and TO the Champion Ma
, chine Company upon Endorsement of
Whitley, Fasslcr 8, Kelly, S3i3 iS2.US; and
loaning to divers parties $5G,ji6i5 upon
its own capital shares, and the petitioner
says that said loans were in violation Of
the law in that behalf, and were permitted
and allowed to be made and contracted by
said directors and officers and
each Of them in gross and
willful disregard Of their duty as
such officers and directors, and to the
loss and damage of the said association in
the full amount of said loans. All Of th(
foregoing transactions are given in detail
embracing nineteen of the tWenty-ciGh
articles into which the petition is divided
and includes a description Of each anC
every separate transaction going Il
make up the aggregate sums given
After reciting the fact that no bone
was required Of Harper or othcl
officers of the bank according TO usage
Article q specifically charges Harper witt
the cmbc2zcment at various times between
January and June p last, Of divers SUM
aggrcgatng not less than 100000. In thi'
= same section plaintiff further ayers thai
between these dates Harper, Baldwin ant
: Hopkins issued drafts, bills Of exchange
. etc, of the bank, for which it received NJ
consideration, but which Harper and Hop
kins used in wheat speculation, in whici
they, with other persons, were engaged
} | during that period. Sections 20 and % ar
given in full, charging as they do Harpc
| and Hopkins with being engaged in tn
famous Chicago cheat deal, the latte
article stating tho grounds upon whicl
the Government expects to hold the di
rectors Of the bank pccuniarily for tn
losses.